Legend Creative Group

David Alan Voitik

815-B Oakwood Rd.

Lake Zurich, IL 60002

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act. 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, David Alan Voitik, 

operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from 

the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related professional 

activities.

 Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority.

 Aerial inspection/photography of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and 

rescue operations in cases of an emergency or natural disaster only when the 

local authorities or government has requested it by contract or donation.

 The ability to offer training to persons individually or belonging to both private 

and/or public organizations that have interests in the use and application of a 

UAS for the purpose of the safe operation of a UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and 

property.

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations 

in the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 
Administrator’s) responsibilities to “....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Legend Creative Group

David Alan Voitik, President/Chief Pilot

Ph: 847-438-3528

Email: dave@legendcreative.com

Address: 815 Oakwood Rd. Lake Zurich, IL 60047

David Alan Voitik will operate the DJI Inspire 1, Model T600, with a total weight of 2935g 

or 6.47lbs. The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.75inch x 

11.85inch. Under still air the maximum speed is no more than 22m/s or 49mph with a 

cruising speed of 11m/s or 25mph. The DJI Inspire 1 has the ability to hover and move 

along a vertical and horizontal plane simultaneously. The DJI Inspire 1 has four motors, 

Motor Model DJI 3510, powered by a 6-cell 4500mAh or 5700mAh Lithium Polymer 

battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 

will be controlled with the C1 remote controller with an operating frequency of 2.400GHz 

–2.483GHz. The live video feed will have an operating frequency of 5.728GHz –

5.850GHz. The applicant will operate the UAS in line of sight within a closed off and 

predetermined area owned and/operated by the property representative. Given the 

small size of the UAS and the controlled environment provided the proposed operations 

will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the 

proposed operations and the public benefit, reduction in environmental impacts, 

including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly the applicant requests that the FAA grant 

the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using 

conventional aircraft.These limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA issued exemption as 

set forth in the Flight Operations Manual (FOM) include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 50mph.
 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO).

 Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever 

occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) and not more than 200 feet above an elevated platform from which 

filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer (VO) and may include but not limited to a Camera Operator.

 The UAS pilot will be a designated Pilot in Command (PIC) and hold a 

Commercial Pilot’s License along with a Second or higher Class Medical 

Certificate. If the PIC feels another operator to be qualified with the necessary 

skills to be PIC & possess a Commercial Pilot’s License along with a Second or 

higher Class Medical Certificate, that person may be designated PIC provided 

they have a minimum of 20 hours of flight time with the UAS.

 A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities.

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) 

only.

 The flights will occur no closer than a 5 mile radius of the geographic 

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport.

 The operator will file FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate local Flight Standards District 

Office (FSDO) no more than 72 hours but no less than 48 hours from planned 

operation

 The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 

100 feet of the flight operation, and the radius may be reduced to 30 feet based 

upon an equivalent level of safety determination, as required under the FOM. 

With the advanced permission of the FSDO, operations at closer range may be 

approved.

 The PIC and VO will have been trained in operation of UAS and receive up-todate information for the particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio, and/or text at all 

times.

 Written and/or verbal permission and permits will be obtained from territorial, 

state, county or city jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies.
 If the UAS loses communications with the remote controller or loses GPS signal, 

the UAS will have the capability to return to a pre-determined location within a 

designated location and land autonomously.

 The UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured and designated area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the 

operator and under the requirements and in compliance with local public safety 

requirements. The FAA will have advance notice of all operations. These safety 

enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly,application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, due to its size, speed 

of operation, location of operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load.

Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because the UAS is 

very limited in size and will carry a small payload and operate only in restricted areas for 

a limited period of time. If mechanical issues arise the UAS can land immediately and 

will be operating from no higher than 400 feet AGL. The operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep 

a log of any maintenance performed. Moreover, the operator is the person most familiar 
with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the UAS Manufacturer's User Manual. 

As provided in the FOM, the operator will ensure that the UAS is in working order prior 

to initiating flight and perform required maintenance needed.

Additional Information

The applicant, David Alan Voitik, has been involved in the building and piloting of 

remote controlled aircraft for more than 4 years. Also the primary pilot, David Alan 

Voitik, has an in-depth understanding of the capabilities and safety concerns involved in 

using this technology as an asset to the community. David has also received flight 

training and has passed the written test for “Private Pilot Airplane” per Federal Aviation 

Air Agency Certificate # JM8S247Q. Data file # 13343

Satisfaction of criteria provided in Section 333 of the Reform Act provide more than 

adequate justification for the grant of the requested exemptions allowing the commercial 

operation of the applicant’s UAS.

Sincerely,

David Alan Voitik